Edward Douglass White

“ Certainly, it cannot be assumed that the mere existence of a state of war begot of necessity the military power asserted, since the Articles of War, originally adopted in 1775 were, as we have seen, in the very midst of the War for Independence, modified in 1776 to make certain the preservation of the civil power. ”

“ These arguments, while differing in forms of expression, rest upon the broad assumption that Congress in re-enacting the Articles of War in 1916 (Comp. St. § 2308a) , by an exercise of constitutional authority, vested in the military courts during a state of war exclusive jurisdiction to try and punish persons in the military service for offenses committed by them which were violative of the law of the several states. ”

“ But the contention relied upon is directly based upon the words, 'except in time of war,' as qualifying the duty of the military officers to respond to the demand by state authority for the surrender of military offenders against the state criminal laws, imposed by article 74, and the grant in article 92, expressed in the form of a negative pregnant, of authority to courts-martial to try capital crimes when committed by an officer or soldier within the geographical limits of the United States and the District Columbia in time of war. ”